ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20160018616 APPLICANT REQUESTS: to add the spouse of the deceased former service member (FSM) to his Reserve Component Survivors Benefit Plan (RCSBP). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * State of Alabama Certificate of Marriage * State of Alabama Certificate of Death * RCSBP Election FACTS: 1. The applicant, the spouse of the FSM, states: * the FSM contacted Defense Finance and Accounting Service (DFAS) in November of 1993 to change his RCSBP election * he wanted to ensure coverage to his current spouse * he completed and submitted the SBP election form dated 21 June 1993 * the election further signaled his intention of providing this benefit to his soon-to- be new spouse 2. In a self-authored letter the applicant states: * she is submitting the packet to correct the records concerning her husband's, the FSM, SBP election * the selection the FSM currently has is not the election he selected * according to the SBP election certificate, he clearly selected spouse coverage so she was taken care of in the case of his death * this was important to the FSM as it provided a peace of mind for him to know she was not left destitute and unable to provide for herself * she asks the Board to please correct the error so her husband's wishes can be met * 3. The FSM received his 20 year letter on 17 May 1985 notifying him he would be eligible for retired pay at the age of 60. The FSM signed a SBP election certificate on 1 August 1985 electing coverage for his children only. Item 10 (name of spouse) is left blank. 4. The applicant and the FSM were married on 15 October 1993. The FSM completed an SBP election form indicating spouse coverage. The applicant states the form was completed on 21 June 1993 prior to their marriage; however, page 2 of the form indicates it was completed on 21 June 1995. 5. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married when they are eligible to elect SBP benefits and later becomes married may elect to participate in SBP upon their marriage. They have one year after the date of marriage to make an election. 6. The FSM's date of birth is 2 August 1936. His 60th birthday was on 2 August 1996. He received a letter from US Army Reserve Personnel Center on 27 August 1996 indicating his application for retired pay was approved. The FSM passed away on 12 June 2016. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board found, based upon the election to add the spouse to the SBP coverage being made outside the permitted election period, there was no error or injustice which would warrant making a change to the FSM’s military service record. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/13/2019 X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Public Law 95-397, the Reserve Component SBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. 2. Title 10, U. S. Code, section 1448(a)(5) provides that a person who is not married upon becoming eligible to participate in the SBP but who later marries may elect to participate in the SBP. Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries.